What to do if you think you have been
discriminated against at work because of your weight:
Start a file. Gather together all of
your employment records, especially your job evaluations. If the
employer claims that your weight prevents you from doing the job,
you need to show that you have been performing all the required
duties.
Take notes. If a colleague,
supervisor, or employer speaks to you about your job performance, or
about your weight or appearance, write down the date, time, names of
people present, and what was said to the best of your recollection.
The sooner you write it down, the more likely it is to be accurate
and credible.
Address the issue. Make an
appointment with the appropriate person to talk about the problem.
Act polite, but be assertive. Do not act defensive. Do not be
confrontational. Describe the events, trends, statements,
evaluations, or actions that are making you feel that there is a
problem. Ask the other person whether your perception is accurate.
If they say it is, then ask what can be done to solve the problem.
If you think your size is the
issue, but it has never been mentioned, ask your employer directly
if this is the problem. Again, do not act defensive. Remember, the
problem here is that your employer is prejudiced, not that there is
anything wrong with you.
If nothing can be resolved, inform
your employer, politely, that you consider this to be unfair
treatment, and that you intend to take steps to address it.
Look into and follow the employee
grievance procedures for your company.
Contact your local Equal Employment
Opportunity Commission office (800-669-3362) and the local chapter
of the American Civil Liberties Union (ACLU).
The Council has a small list of
attorneys who have dealt with size discrimination cases, but if
there is no one on the list near your area, ask your local chapter
of the American Bar Association (or a local attorney referral
service) to refer you to a lawyer who specializes in employment
discrimination. Go to www.abanet.org
Read the books and articles listed
in the Council's bibliography on size discrimination, including the
summaries of major court cases. Make this and all other information
available to your attorney. Keep copies of everything you give your
attorney.
Even though there are very few
laws and ordinances which prohibit size discrimination, there have
been many successful court cases against employers who discriminate
against their large-size employees. The Council is happy to act as a
consultant to individuals and attorneys involved in weight
discrimination cases, and asks that you keep us informed about your
case.
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